Trademark, Copyright & Advertising Counseling

The attorneys of Foley’s Trademark, Copyright & Advertising Practice, recognized as a national Tier 1 practice in the 2016 edition of U.S. News – Best Lawyers® “Best Law Firms,” in 2016 by The Legal 500, and in 2014 by Chambers USA, counsel you on ways to effectively secure, protect, manage, enforce, and defend your trademarks and copyrights.
In a world that has become increasingly brand-focused, high-tech, high-speed, 3D, digital, and virtual, the right advice can mean the difference between opportunity and obsolescence. Foley’s Trademark, Copyright & Advertising Counseling attorneys offer counseling services that help you ensure your IP assets are protected, while maintaining the flexibility to make the most of them in an evolving global marketplace.

Representative Matters

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Drafted a trademark license for the world’s premier provider of orthotic and prosthetic patient care services and the leading U.S. provider of orthotics and prosthetics, helping amputees and those with musculoskeletal disabilities and injuries improve their quality of life and regain self-confidence. After a young dolphin was badly damaged in the ropes of a crab trap near Cape Canaveral, Florida, a rescue team brought the dolphin to a nearby marine aquarium to help her recover from the injuries. The dolphin made steady improvement but ultimately lost her tail. An expert prosthetist from the client offered to research, develop, and fit the dolphin with an artificial tail. The client’s team dedicated substantial time and effort to fabricate a series of tails, create special liners, and develop new materials for the dolphin’s delicate skin. Overcoming numerous challenges, a prosthetic tail for the dolphin was successfully fit. The dolphin’s story has been featured on national television and news programs, has been captured in a popular book and video game, and a movie production featuring the story was a hit at the box office. The client desired a license to use the dolphin’s name and likeness in connection with its own line of prosthetic and orthotic products. A license was prepared that allowed the client to manufacture, market, and distribute products incorporating the technology and techniques learned from its successful efforts with the dolphin.
Handled all trademark clearance, registration, maintenance, and enforcement worldwide, and all counseling and enforcement on copyright and unfair competition issues for Monster Worldwide, which operates the well-known job and career site Monster.com as well as a variety of professional networking sites run by Affinity Labs. During 2011, Foley litigated and settled major trademark opposition brought by Apple, Inc.
Routinely advised one of the world's largest financial transaction processors on trademark clearance, registration, and enforcement issues, including online abuses and domain name conflicts. Provided ongoing advice and counsel on the clearance of new brands and in the enforcement of its worldwide trademark portfolio against infringers, including the misuse or misappropriation of its name and brands online.

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